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    peanut456's Avatar
    peanut456 Posts: 5, Reputation: 1
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    #1

    Jun 28, 2013, 07:20 PM
    Terminated for a human resources claim
    Do I have any legal recourse? My job was terminated after I reported my manager for drinking at work to the human resources department. My manager's boss said there wasn't any evidence so they were going to treat it as a false claim. Even though I made the claim in good faith. Our handbook states managers are not allowed to drink. Also that as an employee if we report anything in good faith we will not be retaliated against.
    Tc123's Avatar
    Tc123 Posts: 64, Reputation: 7
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    #2

    Jun 28, 2013, 08:24 PM
    Wow, that is hard to prove I'll bet. But you ratted him out did you? Please don't misunderstand. I'm sorry you're dealing with this. Is there a union where you worked? Most of the time and depending upon where you live, you can be terminated without cause. Unfortunately, they hardly need a reason and it sounds as though they may have whitewashed everything. I don't think they are going to come right out and admit that this was the reason for your termination. In the meantime, can you give any more details or elaborate just a little? Someone may ask you to or think that you might be leaving something out.
    Hang on here and others should be along to help you out. Really am sorry about this and best of luck to you!
    peanut456's Avatar
    peanut456 Posts: 5, Reputation: 1
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    #3

    Jun 28, 2013, 08:33 PM
    Quote Originally Posted by Tc123 View Post
    Wow, that is hard to prove I'll bet. But you ratted him out did you? Please don't misunderstand. I'm sorry you're dealing with this. Is there a union where you worked? Most of the time and depending upon where you live, you can be terminated without cause. Unfortunately, they hardly need a reason and it sounds as though they may have whitewashed everything. I don't think they are going to come right out and admit that this was the reason for your termination. In the meantime, can you give any more details or elaborate just a little? Someone may ask you to or think that you might be leaving something out.
    Hang on here and others should be along to help you out. Really am sorry about this and best of luck to you!
    They told me that was the reason they terminated me. Because I reported my manager to HR. And I "ratted" him out as you so eloquently put it because he's been nothing but awful and rude the staff. Plus, if four other managers have been fired for it then why should he get away with it. No union. But a non-retaliation policy that has been followed for every other employee except for me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #4

    Jun 28, 2013, 09:30 PM
    You should have never reported him, unless there was proof, merely saying you saw it, is not enough, I am not sure what you expected to happen, reporting without proof, is no different than just making it up and reporting it.

    They consider this an attack on boss, lyiing, so unless you can prove he was drinking, I see little hope.
    peanut456's Avatar
    peanut456 Posts: 5, Reputation: 1
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    #5

    Jun 28, 2013, 09:37 PM
    Quote Originally Posted by Fr_Chuck View Post
    You should have never reported him, unless there was proof, merely saying you saw it, is not enough, I am not sure what you expected to happen, reporting without proof, is no different than just making it up and reporting it.

    They consider this an attack on boss, lyiing, so unless you can prove he was drinking, i see little hope.
    That's how the other managers were fired in the past. Plus others did see it and it is on camera. I absolutely should have reported it. Because I was the one that reported it to HR I got fired. And what you're saying doesn't make any sense whatsoever. We as a staff had been told repeatedly to report any wrongdoings witnessed or suspected. It would be investigated without retaliation. They wanted me out because they want younger girls working there and I won't let them flirt and touch me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #6

    Jun 29, 2013, 12:05 AM
    If it was on "film" then there was proof and the company would have seen it.
    Sorry, this is how the real world works, either the company did not care that he was drinking, perhaps he is such a good manger, gets the results they want. Or he may already be trying to get help under a adiction program though work.

    But in real life, almost everyone that reports a violation, esp that of a boss, will get fired. I know of few cases where that does not happen, the person the report may get in trouble, or even fired, but the company is then scared of the trouble maker, worried what else they may report, or the new boss does not want them around.

    In most cases they just find another reason. In your case they are saying you lied. So unless you can prove you did not lie, the record will show you lied against your boss to get him into trouble.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #7

    Jun 29, 2013, 01:14 AM
    The question is can you sue? Yes, anyone can sue anyone, but I think you will have a weak case and it will cost you too much money for possibly no compensation. What did you see to prove he was drinking? If you brought up his rudeness and anything else, that would have worked against you. If you knew that they were looking for any chance to replace you with someone younger, you should have kept this to yourself. The workplace is a jungle.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #8

    Jun 29, 2013, 02:26 AM
    Agree, in corporate america women are fired for being fat, having wrong color hair, that is not what is told, or why it is officially done, but that is often real reason.
    A employee that complains all the time, Even when the employee is a good one, if they turn in a fellow worker, often that is the end of the career because other bosses worry about them complaining about them next.

    As for as law suit, first do you have it in writing that is the reason, and filing a false claim against a management could be reasons to fire.

    So you will have to prove he was drinking on the time you complained about. I doubt if another witness will come forward, they would be fired next.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jun 29, 2013, 05:02 AM
    Quote Originally Posted by peanut456 View Post
    But a non-retaliation policy that has been followed for every other employee except for me.
    Do you have this policy in writing? Did they put the reason for termination in writing?

    Depending on the answer to those questions, you actually might have either grounds for a successful suit or a labor relations complaint.

    If the policy is in writing, then it would be illegal for them to terminate you simply for reporting. Even if the report was unfounded. On the other hand, I have a suspicion that there is more to this then you are telling us.

    But, again, if the policy is written then I would consult with an attorney who can judge from all the facts whether you have a case.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jun 30, 2013, 08:15 AM
    This is on the legal board so I'm assuming you want legal advice.

    It's going to come down to written policy, written notices and proof.

    I don't think it's "rattng someone out" if there is a safety or personal haazard to the other employees.

    What is company policy, what paperwork were you given concerning your termination, what proof did you present?
    peanut456's Avatar
    peanut456 Posts: 5, Reputation: 1
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    #11

    Jul 14, 2013, 11:59 PM
    {Insulting remarks edited out} And by the way, the manager was finally caught on film drinking just like I said. He was fired and I was offered my job back from the director of operations. I declined because I have found something better.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #12

    Jul 15, 2013, 01:09 AM
    We said that most employees end up on the wrong end of company policy, and that the LAW, which is what category you asked under, wouldn't protect you. Calling us wussies who are full of crap shows that you think your individual good fortune applies to the world, and that is extremely na´ve.

    Congratulations on the happy ending. Sort of. After your little tirade here I guess I couldn't care less now. I can see being proud of yourself but why the vitriol?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #13

    Jul 15, 2013, 01:52 AM
    But as noted under law, there was no protection or legal issue to help you.

    You were lucky someone cared enough ( or someone disliked the boss enough) to keep looking. Or that they even saved the tape to look.

    You were lucky, normally you are just out of a job, that is how it happens in real life
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jul 15, 2013, 03:13 AM
    I'm glad for you that this had a happy ending. Seems a lot happened in 2 weeks.

    We all volunteer our time here to help people. You asked a legal question in a legal forum. The responses you got confirmed with the law. You gave us scant information and didn't respond to our requests for more info. No one told you not to fight, what we did was advise you of your chances if you did fight.

    Now I'm going to offer you some more advice. If you have an offer to return in writing, that increases your chances of winning a wrongful termination suit. It is a tacit admission of error on the part of your employer. I would definitely discuss this with an attorney. Doesn't matter that you found a better job.
    peanut456's Avatar
    peanut456 Posts: 5, Reputation: 1
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    #15

    Jul 15, 2013, 09:06 AM
    Quote Originally Posted by Fr_Chuck View Post
    but as noted under law, there was no protection or legal issue to help you.

    you were lucky someone cared enough ( or someone disliked the boss enough) to keep looking. or that they even saved the tape to look.

    you were lucky, normally you are just out of a job, that is how it happens in real life
    You keep saying "real life". I wasn't lucky, I Applied for a job I was qualified for and got it. That's real life. All of this is real life. It doesn't have to be a negative outcome for it to be your version of "real life". Good and bad things happen and that is REAL LIFE.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Jul 15, 2013, 09:10 AM
    "You keep saying "real life". I wasn't lucky, I Applied for a job I was qualified for and got it. That's real life. All of this is real life. It doesn't have to be a negative outcome for it to be your version of "real life". Good and bad things happen and that is REAL LIFE."

    You asked for legal advice, and that's what you got.

    Please don't shout at any of us - and that's what typing in caps is.

    I'm glad it worked out for you. Usually it doesn't.

    I have no idea where your attitude is coming from. Things worked out for you and everyone here tried to help you, whether you liked the advice or not. You appeared to like the "ratting out" advice but not the legal advice from people experienced in the field.

    Again - good that it worked out for you. That doesn't mean FrChuck or anyone else was wrong. It means it worked out for you.

    Perhaps "usually" is a better phrase in your mind than "in real life." I don't think so, and I don't see the need for a translator - but, okay, "usually."
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    Jul 15, 2013, 09:33 AM
    Quote Originally Posted by peanut456 View Post
    I wasn't lucky, I Applied for a job I was qualified for and got it. That's real life.
    Yes, you were "lucky". In today's economy, finding and securing a job in a matter of a few weeks is very lucky. My wife has been out of work for over 15 months, since her last job moved. She has applied for many jobs she is perfectly qualified for and not gotten them.

    The bottom line here, is whether you have a case against the company depends on whether they violated WRITTEN policy. If they did, you have a case, if they didn't you don't.

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